(Ottawa) Prime Minister Justin Trudeau and his Minister of Justice Arif Virani are “standing still” and “failing in their duty” by delaying filling the dozens of vacant judge seats, rules the Federal Court in a decision rendered Tuesday.
The scathing decision of Justice Henry S. Brown is essentially based on the content of a letter sent last May by the Chief Justice of the Supreme Court of Canada, Richard Wagner, to Prime Minister Justin Trudeau.
“Very respectfully said, the Court considers that the Prime Minister and the Minister of Justice are standing still. They have not taken any of the measures requested by the Chief Justice of Canada and the Canadian Judicial Council,” he wrote in the judgment.
“With all due respect to those concerned, the Court is also of the opinion that they failed in their duty towards all those who count on them to exercise their powers in due time to fill these vacant positions […] », adds the magistrate.
Because since Chief Justice Wagner sounded the alarm nine months ago, nothing has been done to resolve the “critical situation” represented by the shortage of judges in the superior courts and courts. Federal Courts of Canada, emphasizes Justice Brown.
As proof, at the time the request was filed, in June 2023, 79 seats were vacant, notes the judge. As of 1er February, progress was minimal: 75 judge positions were to be filled, according to the website of the Office of the Commissioner for Federal Judicial Affairs.
“Neither the Prime Minister nor two successive Ministers of Justice [NDLR : David Lametti et Arif Virani] have not remedied this critical situation in the nine months following the request of our Chief Justice and the Canadian Judicial Council,” notes the magistrate.
The Federal Court therefore orders the Prime Minister and the Minister of Justice to… appoint judges. She expects “to see the number of vacant seats reduced to around forty”, the situation which prevailed within the federal judiciary in the spring of 2016.
The current holder of the Justice portfolio, Arif Virani, defended himself on the X platform.
“Judicial appointments are being made at an unprecedented rate. We made 100 judicial appointments last year, a number never reached by the Conservatives. In 6 months as minister, I appointed 64 judges, Harper’s annual average. I work 2x faster,” he wrote.
The minister concludes his statement by saying “carefully examine the decision”.